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Criminal Law [2023] KECA 1432 (KLR)

Mwangi & another v Republic

Mwangi & another v Republic [2023] KECA 1432 (KLR)

Court
Court of Appeal
Case number
Criminal Appeal 28 of 2017
Judges
K M'Inoti, F Sichale, FA Ochieng

The Court of Appeal held that the omission to record the 2nd appellant's plea was not fatal as he was present in court, requested witness statements, and fully participated in the trial without raising the issue at any stage. The irregularity did not occasion a failure of justice and was curable under Section 382 of the Criminal Procedure Code. The court found that the complainant's identification of the appellants was reliable, based on prior acquaintance, voice recognition, and sufficient interaction during the robbery. Contradictions regarding the number of attackers were immaterial since…

Source excerpt

  • Robbery With Violence
  • Identification Evidence
  • Fair Trial Rights
  • Plea Taking Irregularities
  • Mandatory Sentencing
  • Voice Recognition
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Criminal Law [2021] KEHC 5547 (KLR)

Erick Ochieng Nyadege v Republic

Erick Ochieng Nyadege v Republic [2021] KEHC 5547 (KLR)

Court
High Court
Case number
Criminal Revision E071 of 2021

The High Court quashed a conviction and 3-year sentence after finding the plea process in a burglary and stealing case was fatally defective.

  • Plea Taking Irregularities
  • Conviction And Sentence
  • Burglary And Stealing
  • Criminal Procedure
  • Retrial Principles
  • Criminal-revision
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Constitutional Law [2020] KECA 523 (KLR)

John Kimani Gitau v Attorney General

John Kimani Gitau v Attorney General [2020] KECA 523 (KLR)

Court
Court of Appeal
Case number
Civil Appeal 97 of 2016
Judges
GG Okwengu, GK Oenga, F Sichale

The Court of Appeal upheld Kshs 200,000 awarded for delayed arraignment, finding no proof of unreasonable trial delay or torture, and dismissed the appeal.

  • Fair Trial Rights
  • Unlawful Detention
  • Compensation For Rights Violation
  • Plea Taking Irregularities
  • Unlawful-detention
  • Fair-trial-rights
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Criminal Law [2017] KEHC 6080 (KLR)

Ann Munyiva v Republic

Ann Munyiva v Republic [2017] KEHC 6080 (KLR)

Court
High Court
Case number
Revision Case 2 of 2017
Judge
BC Koech

The High Court quashed Ann Munyiva’s conviction and set aside the sentence after finding the plea was not properly taken and the accused was not told which charges remained.

  • Plea Taking Irregularities
  • Right To Fair Trial
  • Revisionary Jurisdiction
  • Alcoholic Drinks Control Offences
  • Revisionary-jurisdiction
  • Fair-trial-rights
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Criminal Law [2017] KEHC 7455 (KLR)

Jason Kaai Arimi v Republic

Jason Kaai Arimi v Republic [2017] KEHC 7455 (KLR)

Court
High Court
Case number
Criminal Appeal 22 of 2017
Judge
F Gikonyo

The High Court at Meru allowed bail pending appeal, finding arguable issues on plea taking and sentence, and noting the short sentence might be served before appeal hearing.

  • Bail Pending Appeal
  • Conviction And Sentence
  • Plea Taking Irregularities
  • Bail-pending-appeal
  • Criminal-appeal
  • Plea-taking-irregularities
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Criminal Law [2015] KEHC 4235 (KLR)

Samuel Mwangi Kimani v Republic

Samuel Mwangi Kimani v Republic [2015] KEHC 4235 (KLR)

Court
High Court
Case number
Criminal Appeal 4 of 2014
Judge
CW Meoli

The conviction was quashed because the facts presented by the prosecution during plea taking were at variance with the particulars of the charge, specifically regarding the quantity of the alleged narcotic. Furthermore, there was no evidence that the substance was analysed by a government analyst to confirm it was a narcotic drug as required by law. The absence of such critical evidence meant the prosecution did not fully support the charge, rendering the conviction unsafe. The court also found that ordering a retrial would be prejudicial to the appellant, who had already served almost one ye…

Source excerpt

  • Narcotic Offences
  • Plea Taking Irregularities
  • Evidence Discrepancies
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Criminal Law [2013] KECA 515 (KLR)

Jacob Omondi Odongo, George Otieno Akula, Daniel Rabwoge Onialo & Andrew Orwa Odongo v Republic

Jacob Omondi Odongo, George Otieno Akula, Daniel Rabwoge Onialo & Andrew Orwa Odongo v Republic [2013] KECA 515 (KLR)

Court
Court of Appeal
Case number
Criminal Appeal 406 of 2009
Judge
CA Otieno

The Court of Appeal found that the trial court committed fundamental errors by convicting and sentencing appellants for offences in which they were not properly charged, contrary to the requirements of the Criminal Procedure Code. The offences, being of the same or similar character and committed within a short period by the same group, should have been charged together, and the sentences should have run concurrently, not consecutively. The process of plea taking and sentencing by the same magistrate in all related cases further compromised the fairness of the proceedings. The appellate court…

Source excerpt

  • Sentencing Principles
  • Concurrent Vs Consecutive Sentences
  • Plea Taking Irregularities
  • Joinder Of Charges
  • Illegal Conviction
  • Magistrate Bias
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Criminal Law [2012] KEHC 2730 (KLR)

JOHNSON MUTINDA MUNYAO & KILONZO MUSYOKA KATITHI v REPUBLIC

JOHNSON MUTINDA MUNYAO & KILONZO MUSYOKA KATITHI v REPUBLIC [2012] KEHC 2730 (KLR)

Court
High Court
Case number
Criminal Appeal 152 & 153 of 2006

The High Court allowed consolidated criminal appeals, holding that the plea was taken by a magistrate without jurisdiction and that the charge sheet was not properly amended.

  • Robbery With Violence
  • Jurisdiction Of Magistrates
  • Plea Taking Irregularities
  • Amendment Of Charge Sheet
  • Identification Evidence
  • Recent Possession
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Criminal Law [2009] KEHC 1002 (KLR)

DAVID KATHANDE MUTURA v REPUBLIC

DAVID KATHANDE MUTURA v REPUBLIC [2009] KEHC 1002 (KLR)

Court
High Court
Case number
Criminal Appeal 116 of 2008
Judges
MM Kasango, MJA Emukule

First appeal in a robbery with violence conviction. The High Court upheld recognition evidence, rejected plea and delay objections, and dismissed the appeal.

  • Robbery With Violence
  • Identification Evidence
  • Plea Taking Irregularities
  • Constitutional Rights Of Accused
  • Robbery-with-violence
  • Identification-evidence
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Criminal Law [2009] KEHC 826 (KLR)

David Kathande Mutura v Republic

David Kathande Mutura v Republic [2009] KEHC 826 (KLR)

Court
High Court
Case number
Criminal Appeal 116 of 2008
Judge
MJA Emukule

The High Court in Meru dismissed a robbery with violence appeal, upholding conviction and death sentence after finding reliable recognition evidence and no fatal procedural defect.

  • Robbery With Violence
  • Identification Evidence
  • Voice Identification
  • Plea Taking Irregularities
  • Constitutional Rights Of Accused
  • Curable Irregularities
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Kenya decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.